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(영문) 서울중앙지방법원 2020.05.26 2020고정560
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Any person who intends to engage in a credit business or credit brokerage business shall register with the head of the local government having jurisdiction over the relevant place of business in each place of business;

Nevertheless, on April 2019, the Defendants conspired to post a letter “D” on the Internet C Pest, and advertised loans to many and unspecified persons, and around the 11th day of the same month, the Defendants reported this to E and loaned KRW 1 million to E.

In addition, the Defendants conspired to lend money to 10 persons who wish to borrow money from that time until July 19, 2019, thereby running a unregistered credit business.

2. Unless otherwise specifically provided for in any other Act, no person who committed the crime of Defendant A shall borrow or lend a means of access while receiving, demanding or promising the payment.

On July 19, 2019, the Defendant offered a proposal to pay KRW 100,000 per month when lending the check to E in connection with the bank account, and then lent the means of access at a cost, such as receiving a check card (Account Number G) and a password, linked to the account in the name of the company bank (Account Number G) sent by E through Kwikset Service Articles on the front side of Gangseo-gu Seoul Metropolitan Government F on the roads of Gangseo-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of the Defendants, H and E

1. Police seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Articles 19(1)1 and 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 30 of the Criminal Act (the occupation of unregistered Credit Business and Selection of Fines)

(b) Defendant A: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (the point of lending access media for consideration and the selection of fines);

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: the Criminal Act.

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